Bombay High Court
THE EXECUTIVE ENGINEER WAGHUR DAM DIVISION JALGAON DIST JALGAONversusONKAR DALU KALE DIED THROUGH HIS LEGAL HEIRS 1 KAMINI ONKAR KALE AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court held that a stay of the 2020 judgment and award is warranted pending the final disposal of the appeals.
Summary
The Executive Engineer of Waghur Dam Division filed two civil applications seeking a stay of a judgment and award dated 11 December 2020 in a land acquisition reference, against the legal heirs of the deceased. The applicants contended that they had deposited 80% of the amount ordered by the court on 25 June 2024. The court examined whether the deposit satisfied the condition for granting a stay pending the final disposal of the appeals. Finding the deposit satisfactory, the court allowed the applications and ordered a stay of the 2020 judgment and award until the appeals are finally decided. The order was pronounced by Justice S. G. Chapalgaonkar on 25 June 2026.
Issues considered
- Whether the deposit of 80% of the ordered amount suffices to grant a stay of the 2020 judgment and award pending appeal
- Whether a stay should be granted pending the final disposal of the appeals in the land acquisition reference
Subjects
- stay of execution
- land acquisition
- civil procedure
- deposit of money
- appellate jurisdiction
Judgment
2026:BHC-AUG:24833
(1) 921-ca-4962-2024-Stay.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 4962 OF 2024
IN FAST/5147/2024
THE EXECUTIVE ENGINEER WAGHUR DAM DIVISION
JALGAON DIST JALGAON
VERSUS
ONKAR DALU KALE DIED THROUGH HIS LEGAL HEIRS 1
KAMINI ONKAR KALE AND ORS
…
AND
CIVIL APPLICATION NO. 4964 OF 2024
IN FAST/5151/2024
THE EXECUTIVE ENGINEER WAGHUR DAM DIVISION
JALGAON DIST JALGAON
VERSUS
SHRI BALIRAM SUPADU ZOPE DIED THROUGH HIS LEGAL
HEIRS 1 SURESH BALIRAM ZOPE AND ORS
…
Mr. Rahul A Tambe, Advocate for Applicant.
Mr. S. P. Joshi, AGP for Respondents-State.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 25th JUNE, 2026.
P.C.:-
1. Heard learned Advocates appearing for respective parties.
2. The learned Advocate appearing for applicants submits that
80% of the amount as directed by this Court vide order dated
25.06.2024 has been deposited with Registry of this Court.
3. In that view of matter, Civil Applications are allowed.
4. Pending hearing and final disposal of Appeals, there shall be
stay to judgment and award dated 11.12.2020 passed by Reference
Court in Land Acquisition Reference.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/June-2026
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